2023 -- S 0652 | |
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LC001048 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
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A N A C T | |
RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- RHODE | |
ISLAND MARINA USERS' BILL OF RIGHTS | |
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Introduced By: Senators McKenney, Pearson, Britto, Gallo, Zurier, Murray, Burke, | |
Date Introduced: March 07, 2023 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL |
2 | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 59 |
4 | RHODE ISLAND MARINA USERS' BILL OF RIGHTS |
5 | 6-59-1. Short title. |
6 | This chapter shall be known and may be cited as the “Rhode Island Marina Users’ Bill of |
7 | Rights Act.” |
8 | 6-59-2. Rights enumerated. |
9 | All owners of boats are hereby granted the following rights: |
10 | (1) The right to have access to the boat, and the right for service providers to have access |
11 | to the boat, whether in slip, mooring, or outside storage area, whenever necessary for the safety and |
12 | repair of the vessel, given reasonable work requirements are met which align with local, state and |
13 | federal regulations. |
14 | (2) The right to lease slip, mooring, or land storage from a marina without being required |
15 | to use that marina for additional services to the vessel. |
16 | (3) The right to hire a service provider to work on the boat, or personal property, within |
17 | the lease space, without fees or financial penalties assessed by the marina where the boat is located. |
18 | (4) The right to privacy and confidentiality of financial and contractual documents; a boat |
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1 | owner, crew, or service provider shall not be required to present invoices or private contracts to a |
2 | marina or other third party. |
3 | (5) The right to request references and certifications from the technician who is actually |
4 | working on your vessel, and the right to speak to that technician about the work being done. |
5 | (6) The right to an itemized invoice and full explanation of charges, including products and |
6 | services purchased, the wholesale or provider cost or dealer invoice along with a description and |
7 | amount of any markup or discount for membership or other reasons and warranty and return |
8 | policies. |
9 | (7) The right to request estimates, shop around for the best company to furnish goods and |
10 | services, and invite that outfit to freely board your vessel to perform the contracted work. |
11 | (8) The right to store the vessel at a residence or at another facility during the winter lay- |
12 | up without risk of losing your summer slip. |
13 | (9) The right to sell the boat without paying the marina a commission on the sale, unless |
14 | they act as the contracted broker. |
15 | (10) The right to post a for sale sign on your boat. |
16 | (11) The right to consumer protection by the Rhode Island attorney general’s office, |
17 | including the right to file a complaint, receive a prompt response and attention to the matter, and |
18 | the attorney general’s enforcement of your rights on your behalf, including penalties to the violators |
19 | of your rights. |
20 | (12) Whenever any marina is owned or controlled by a person, corporation, partnership, |
21 | limited liability company, or other entity, directly or through common ownership with another |
22 | marina based in the same municipality then the following provisions shall also apply: |
23 | (i) Dock fees, slip fees or other costs for maintenance of a slip shall be set no more than |
24 | once per year and the cost from one year to the next shall not rise more than ten percent (10%) or |
25 | two percent (2%) above the consumer price index for the prior year as published by the Bureau of |
26 | Labor Statistics, whichever is higher. |
27 | (ii) No special assessments or additional fees shall be imposed on any slip owner unless a |
28 | majority of the slip owners at a single site who benefit from the assessment vote in favor of the |
29 | assessment. In no event may an assessment be more than one-year slip fee. Special assessments |
30 | may only be imposed in the event of structural improvements, capital expenditures, rehabilitation |
31 | or storm damage repair and may not be used for expenses associated with regular operations, |
32 | salaries of the marina staff, owners or affiliates, or maintenance of profit, or any other item not |
33 | specifically permitted by this subsection. |
34 | (13) Private right of action. |
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1 | (i) In addition to the rights declared in this chapter, anyone aggrieved or damaged as a |
2 | result of a violation of one of the rights enumerated herein shall have a private right of action against |
3 | the marina for the recovery of the damages or the set statutory sum of one thousand dollars ($1,000), |
4 | whichever is more. |
5 | (ii) In addition to the remedies available in subsection (13)(i) of this section, in the event |
6 | of a violation of the rights enumerated under subsections (2),(3),(7),(8) and/or (12) of this section, |
7 | the person(s) aggrieved or damaged shall be entitled to the remedies available under chapter 36 of |
8 | this title in a civil action. |
9 | SECTION 2. This act shall take effect upon passage. |
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LC001048 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- RHODE | |
ISLAND MARINA USERS' BILL OF RIGHTS | |
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1 | This act would establish a marina users' bill of rights allowing recourse through the |
2 | consumer protection unit of the Rhode Island attorney general's office as well as civil causes of |
3 | action. |
4 | This act would take effect upon passage. |
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LC001048 | |
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